Fasken was successful in obtaining the dismissal of an application for a safeguard order in a commercial lease dispute.
Videri North Corporation entered into a commercial lease covering four premises that included an early termination clause. The lessor contested Videri’s reliance on the early termination clause and sought a safeguard order to (i) have the clause declared null and void, and (ii) compel payment of the rent.
The judge held that a safeguard order may only serve to preserve the balance between the parties and cannot operate as a disguised “pre-judgment seizure” or to obtain the relief that would otherwise be decided on the merits. For these reasons, the Court dismissed the application for a safeguard order.
A Fasken team that included Marc James Tacheji and Pierre Lantoin represented Videri North Corp. in this dispute.
Jurisdiction
- Québec
